Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
Mutual fund maturity rules require proper rollover, redemption, disclosure, and due diligence; investor gains cannot excuse regulatory breaches or pen...
Medical relief is a distinct charitable purpose, so the commerciality test in the proviso to section 2(15) cannot be mechanically applied to a hospital whose object is medical relief; surplus and organised operations do not by themselves make its activities non-charitable, and the rejection of renewal on that basis was unsustainable. Alleged breach of the Maharashtra Public Trusts Act and the IPF Scheme could not be independently adjudicated in renewal proceedings without an adverse determination by the competent authority; low bed occupancy or incomplete data did not establish violation. Renewal proceedings also could not be converted into retrospective cancellation from the original grant absent findings of fraud, misrepresentation, concealment, suppression, or void inception, so the cancellation was set aside.
Medical relief is a distinct charitable purpose, so the commerciality test in the proviso to section 2(15) cannot be mechanically applied to a hospital whose object is medical relief; surplus and organised operations do not by themselves make its activities non-charitable, and the rejection of renewal on that basis was unsustainable. Alleged breach of the Maharashtra Public Trusts Act and the IPF Scheme could not be independently adjudicated in renewal proceedings without an adverse determination by the competent authority; low bed occupancy or incomplete data did not establish violation. Renewal proceedings also could not be converted into retrospective cancellation from the original grant absent findings of fraud, misrepresentation, concealment, suppression, or void inception, so the cancellation was set aside.
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